No doubt,Climate change profoundly affects the economic and social development of various countries、International Peace and even the future of human beings,It is unable to put themselves in all countries、One of the matters that must be dealt with together。But,Different countries are affected by different countries,Responsibility is different,Corresponding ability is even different,Therefore, the attitude of responding to climate change、There are different positions on the willingness and plan。The current situation of climate change indicates,major changes in the social foundation of international law,The relationship between climate change and international law is increasingly close,In this respect, international law is given more expectations by the international community,Coperly ability to deal with climate change has become a test gold stone for testing the role of international law。
bet365 Play online games
Most of the current international legal system is formed,Climate change has not yet become matters related to the development of all countries and human beings。Therefore,The current international legal system and spirit basically do not consider climate change factors。Current,Climate change has changed major changes in the underlying factors of the establishment and operation of international law,A systematic impact on international law,Promote people's reflection of the effectiveness and legitimacy of international law。
On the one hand,Climate change affects almost all current international law systems。Taking the Bet365 app download impact of global warming as an example,The rise of the sea level has caused physical displacement in the collar sea base,Change the internal water、Terring Sea、Exclusive Economic Zone、The scope of the continental shelf and the status of maritime land,This not only affects the sovereignty of the coastal national territory and its rights in related waters,It may also lead to a dispute between coastal countries and coastal countries and non -coastal countries around territorial sovereignty and marine rights。The rise in sea level has also led to the fact that some of the territorial territories of coastal countries have not entered the water,Even lost all land territories,This will affect the application of the current habit of the current habit of the national subject。The rise of the sea level has worsening the living environment,Conditioning climate immigrants or refugees,This is a major challenge for the current international immigration law and international refugee law。
On the other hand,Climate change also prompts people to reflect on the spirit of international law。For a long time,National interest is considered to be the basic motivation of national action,The state agrees to be considered the fundamental foundation of international law practice。Based on this,The basic spirit of national centralism and national individualism,Deeply affects the construction and implementation of the specific international legal system。Although,The above spirit of the international law reflects reality to a certain extent,and meet the needs of maintaining sovereignty and international peace in various countries; but,It seriously restricts the ability of international law to deal with those things that transcend specific national interests。Since the mid -20th century,Bet365 app download The concept of international community has been increasingly valued,、Human rights and other fields have spawned some physical laws and procedure laws that transcend specific national interests and the consent of the state。However, some great powers rely on their strength advantages,Often ignore the international law system of the community,Even trying to make these international legal systems a tool for its hegemony。and climate change is a truly all national interests,Questions that cannot cope with any country。Facing climate problems,countries may break through national interests、Reaching cooperation with obstacles such as power and politics,National centralism and national individualism of international law。
How to deal with climate change
Coping climate change is a systematic engineering,International Law and even laws are not the only tool to deal with climate change。But in view of the increasingly severe problem of climate change,And the state behavior is increasingly bound by the International Law,International Law may also actively play a role in dealing with climate change。For this,Two basic problems must be solved at the standard level,How to adjust the current international law,How to develop a special international law on the climate。
For the former,Many current international law systems are produced before climate change becomes an important international concern,They not only include content that contains climate change,Instead, it is possible to take measures to respond to climate change to constitute a legal obstacle。should be pointed out,In recent years, some international treaties have been included in the climate change clause,Based on this allows the parties to take relevant measures to respond to climate change; even if it has not been included in the climate change Bet365 app download clause,Some treaties are also explained in a way that is conducive to climate change。other,People are also actively digging the potential of the international law in response to climate change。
As far as the latter is concerned,Since the 1990s,Obtaining a series of important progress on the international law of climate change,It mainly includes the "Convention on the Framework of the United Nations Climate Change", "Kyoto Protocol" and "Paris Agreement"。These special treaties not only stipulate international obligations on the parties,It also provides guidelines for taking additional measures to respond to climate change measures。Formally,The international law system for climate change has been roughly formed,so that people have widely used the "International Climate Law" expression。Despite this,The meaning of many international laws on climate change is not clear,This restricts the role of international law in response to climate change.。other,Due to climate change is basically due to human activities,The role of specialized international law such as the "Framework of the United Nations Climate Change" depends to a large extent on the practice of non -specialized international law such as the International Economic and Trade Treaty。
In recent years,The practice of international law on climate change presents the following trends。First,The international law system on climate change is becoming increasingly harder。International Law no longer just express concern、Establishing principles、Urgent action,Instead of increasingly stipulated and clear and executable rights and obligations。2,Common but different principles of differences。This principle is established by the Convention on the Framework of the United Nations,According to this principle "Kyoto Protocol" bet365 best casino games only specifies the obligation of greenhouse gas emissions for developed countries,But the Paris Agreement stipulates such obligations to all countries。This reflects the importance of climate change as a common concern of international concerns,But its rationality is questionable。third,The implementation mechanism of the International Climate Change Law is continuously improved。Many countries try to promote the judicial process of the International Climate Change Law,so as to clarify the rights and obligations of the national subject in this area,and promote the realization of the rights and obligations。Fourth,The problem of capacity building has been increasingly valued。A series of international treatys such as the Paris Agreement recently reached in the evening is specially incorporated into capacity building issues,This indicates that the international community recognizes,It is not enough to respond to climate change only by relying on the standards of rights and obligations at the standardized level,It must solve the national ability problem at the factual level。
Of course,International Law Practice that respond to climate change also contains many risks,Including intensifying the tension between different international law systems,and the improper expansion power of international organizations。For example,EU began trial on October 1, 2023 and intended to fully implement the carbon border adjustment mechanism in 2026。Does this mechanism constitute a new trade protectionism and damage the multilateral trading system,has attracted widespread attention。Another example,December 2022,The small island state committee of climate change and international law requests the International Oceanic Court to issue consultation bet365 best casino games opinions,Speaking to prevent、Reduce or control marine environment pollution due to climate change,What specific obligations should the parties to the Convention on the United Nations Marine Law of the United Nations -have caused many countries to doubt the jurisdiction of the inappropriate expansion of the international dispute resolution institution。
International Law Practice in China to deal with climate change
How to deal with climate change is not only related to China's own national interests and the international image of a responsible country,It is also related to the prospect of the international community to respond to climate change。October 2021,The Chinese government has released the "Policies and Actions to Copy Climate Change",Elaborates the new concept of China's response to climate change,Introduce the national strategy of China to deal with climate change,Summary of China's major achievements in dealing with climate change,and proposed a Chinese initiative to deal with climate change。
China has made significant contributions in dealing with climate change。First,China has strongly maintained the common but different principles,Make sure the correct development direction of the International Climate Change Law。From the perspective of historical responsibilities that cause climate change,From the perspective of the real ability to deal with climate change,The principles of common but differences should be used as the cornerstone of relevant international law practice。2,China has led and promoted a series of important international law practice,For example, China is the key force to promote the establishment of the Paris Agreement。third,China as a responsible big country,Actively assume more responsibility in dealing with climate change。China fully fulfills relevant Bet365 lotto review international obligations,and take many autonomous measures,This provides beneficial experience and important models for how to balance the development interests of the country and respond to climate change。
(The author is a professor at the School of Law of Fudan University)
Friendship link:
Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:
All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission
General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 11-12, Building 1, Building, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026
>